Restoring faith in judicial system

Amde Sidik

I am no judge nor practicing lawyer at the moment. But I read law and I lecture law to students. And I am prompted to write this article as soon as I finished reading a sms from a friend asking about my views. His statement is this “Its Pak Lah who now reformed judiciary system back to be more dignified”

He was referring to the front page article in our national paper of the day which reads “ Trust and justice” Its about the present government efforts to heal the wound of the country's judicial system which was smeared in the aftermath of the sacking of five Supreme Court judges in 1988.

The fives judges were sacked because they didn't dance to the tune of the chief executive of the country of the day. That was the impression of the majority of learned or less learned people in the country. But only handful would made it known openly to general public by virtue of our cultural habit or because of fear of repercussion from the above

I know many wouldn't agree including the former chief executive I mentioned, after all the later already denied several times that he was not responsible in the sacking the judges.

Could this mean that others recommended to him, in turned, as matter of academic he advised the Agong. We all know constitutionally how Agong must come into the limelight. .

I must say that persons or group of persons making recommendation must be naive and with motives at the back of their mind because as far as I knew any body reads law knows where the defining boundary is. There is an inherent convention in applying natural justice. There is no rocky foundation but rather has an established procedures to achieve justice at least in the crudest sense of the word. I am referring to the process of seeking justice in Common Law scenario.

To date, I have not read any brilliant new ideas which can be more acceptable than what we already knew. In other words, those involved in the Inquiry such as this surely had broken the cardinal rules, they knew of what proper procedures are all about in establishing what fair and just as to why they did as they did. Only they can answer.

My assumption is there are those who needed most of the outcome of Inquiry for wrongly or rightly. The answer is the later which is obvious and must therefore favored of the government of the day?

Legalistically, in my view, to be seen fair and just, it would have been better to leave it to the natural process of the law- as natural as possible. Let it done in accordance with the conventional wisdom not creating a mockery to the highest level for profession which many consider noble. Because of this incident we were nearly called to be just a little less than applying law of the jungle.

This is a portion of long article. I wouldn't like to bore my readers, as this article is to appear in full in printed media-I wrote a few already, after the dismissal of the said judges, they turned out to be a near correct perceptions by majority- Thank you

See response:

Currently, Pak Lah is menggelabah~ing as a result of the tsunami. He seemed to be trying to appease the majority who had abandoned him to make them come back to him. While others are taking this opportunity to undo the past events that had been most unpopular especially during the Mahathir Era. He is running out of time, December seems to be the date for him to retire. As a "good" man he tried to potray himself, he is getting nowhere...Mahathir factor, Anwar factor, Agong Factor, Raja Perlis Factor, Samy Factor, UMNO factor, am No factor, Max Factor (ooops)...all seem to put him against the wall.

Can he do it? Seems a vertical climb. For example, can he appease all the demands of BN components in Sabah when he came here? JPPS, Illegals, petroleum % etc etc.... no way.

See what you don’t see…

I was in the midst of writing this article when I received captions below sent by-friend- gmail group- I shall continue writing later in meantime this is the portion, just to let you know that I share the view…

I say-

If the country is really heading for democracy, which means going for social equality we cried for, the present government has to recognise that public media institutions, namely RTM and the rest of the public media agencies are by definition belonged to you and I- public, regardless who we voted for during the country’s General Election.

The bosses - officers and the employees who managed and employed in these institutions must at the same time realised, at least in their in mind that there is a dual carriage ways outside there. A few possibilities, one, assuming you don't like changes taking place in your working environment-where democratization is in the making. Its up to you to get out of the system, may be you think you can't live with the new system of administration. Because you were too used to work like you were for the last say, 40 years. Second, if you think you are not yet in full grasp of what democracy meant, don't worry there is still time to learn, if by then you wouldn't enjoy it, may be its just wise to hang on to it till you reach retirement age, or you may work elsewhere. But I can assure you, your next generation will appreciate for your tolerance and patient. They would understand better what democracy meant-because by then they would have read more books since you ask them to do so anyway-if you are the parents.

The gist is this, so long as RTM and public media agencies behave as they are now, we wouldn't expect democracy to be fully grown at a speed we want. People are fed with information only as much as the ruling party wanted it to be seen and read. I say, if the ruling party thinks these media agencies are theirs, why don't they allow the opposition party to have their own TVs and Radio Stations on their own, only then we could say the act is just and fair...amde

You do not see these pictures in our local newspapers.
Our public media controlled by BN government won’t show photos or news, so let it be our responsibility to spread and share those touching pictures with all our beloved Malaysians, Chinese, Indian and Malays alike-

Idrus al Haj

THESE ARE THE PICTURES THE GOVERNMENT CONTROLLED MEDIA WILL NEVER SHOW YOU IN THEIR PAPERS (See top and bottom picture). An explosive occurred on the 17^th March 2008 at the Malayan Flour Mills premises at Lumut killing 3 persons and on the 18^th March the new MB Ir Nizar and the DAP state Assemblyman Ngeh Koo Ham visited the family of the victims. Here are the pictures that will bring tears to your eyes!

MB Ir Nizar bersama ADUN DAP Ngeh Koo Ham melawat keluarga mangsa letupan kilang tepung Malayan Flour Mills di Manjung pada 18 March 2008.

Gambar MB Ir Nizar ketika meluangkan masa dirumah seorang dari 3 mangsa yang terbunuh, Lok Lai Keat, 51, dari Sitiawan, MB Ir Nizar yang boleh bertutur dalam dialek Mandarin, Hokkiien dan Cantonses turut memujuk anak mangsa Lok Min Yee, 10 yang meratapi kehilangan bapanya. ( gambar ini tidak mungkin tersiar di media arus perdana)

From Frisco Celestial

Punching Opposition YB alright?

It’s incredible, the guy who punched YB is one of those ‘the organisers’ of the Regatta Lepa Motorcycle Convoy?

According to the report, Jimmy was just doing his duty to meeting Tawau Municipal Council officials with regard to complaint of parking space and closure of the road, when the big man lost patient and punched him on the chest.

Jimmy Wong is Sabah sole opposition Assemblyman from Sri Tanjung DAP, that doesn’t deserve him to be punched by this man linked to a big bike convoy

Jimmy should have reported to the police for record at least.

Every citizen should respect the law it doesn’t matter who he is.

According to sms I got from Jimmy the guy is a “BN sponsored”

I look at this is very serious matter. This is not an isolated case, we come across time and time again when one is associated or close friend with one in the authority he thinks the world is belonging to him alone.

Doesn’t this guy realise punching and injuring other fellow human is an offence. We have enough law to protect us; I think enforcing authority must not close their eyes just because the event is organized by the Government.

Our society should be thought more to respect the law of the country

Derision on oil money hooh!

Sabahans do get very emotional with their oil. They feel the 5% royalty they have been getting from KL is pittance, they feel they deserve more.

At the recent gathering to celebrate his exile from politics, Anwar Ibrahim said if Pakatan Rakyat forms the Federal Government, Sabah would get up to 20% of royalties from oil and gas and timber. More schools would be built and help would be given to the poor here.

This got us drooling, right? Who wouldn't? This guy is a good fisherman; he really knows how to catch fish.

Anwar struck the right chord. Many of us want to know how is that an oil producing state now becomes one of the poorest in the country? Give back more of our money lah.

The next question we must ask, does it really matter whether it is 5%, 20%, or 80%?

Anwar can't simply pluck the figure from thin air, can he? In order to be generous, he needs to take it from somewhere. If you play the stock market, they tell you for every winner there is a loser.

My accountant friend told me when you prepare a budget, a balanced would make you sleep well at night, a surplus is just fantastic, and a deficit is one you'd try to avoid at all cost.

In a simple language this is how I understand it, say, we get RM 5 for our oil, now we have been promised RM 20, so extra RM 15 has to appear from somewhere.

Is budget allocation in Selangor going to be raided? Very unlikely. Penang? Same answer.

Chances are whoever is responsible will have to do some creative work with Sabah's own allocation budget. He will probably have to reduce other items so that he can come up with RM15. This means instead of 5 schools, we would probably have only 2. If you insist on 5, you have to come up with your own development funds; your oil royalty becomes a trump card. You get my drift?

This 20% of gross revenue? Too good to be true. After deducting all costs and profit sharing with subcontractors, PETRONAS has little to show for. Of course they will not agree. What about Sarawak and Trengganu? Petronas must as well close shop.

The above scenario is probably what Anwar needs to do if he wants to fulfill his promise

It doesn't make any difference does it?

Then, is it really wise to push the extra money to our local politicians? I suppose it's okay if every sen can be accounted for. Otherwise, just let people in KL handle it.

Anwar is also saying there is only "Ketuanan Rakyat". Makkal Saktii, People's Power now. About time someone reminded us this. Power cannot belong to one class of people in this multi-ethnic society of ours. It's yours and mine together.

I am from Sabah, can someone tell me why must some one else tells me how much royalty I should get for an asset which is mine and not theirs?

I think I should be consulted first, that will be real "Ketuanan Rakyat", don’t you think?

Then, was it Socrates who said there will always be the rulers and those who are ruled?

Awang Buntak for ASJournal

Any silver lining yet?

By this week end our national political affairs is less foggy than the last weekend or nothing has really changed?

What do I mean by this?

I am saying, if few important issues that ought to be clarified or solved by the Prime Minister are done with, or at least seen to be solved in order to make some concerned citizens feel comfortable sitting and watching their favorite program over the weekend.

Excuse me, I shouldn't be too generalise on this because not everyone behaves like what I say, I myself don't watch TVs, assuming lah we all do!

Its about our Prime Minister.

You see, everything he says has bearing on the way the country is governed.

Political stability detects economic environment, it can either induce or chase out luck. Can we not see what has happened in Zimbabwe so far only Tun Dr Mahathir is inviting Robert Mugabe come to Malaysia (as a friend ) should the former chooses to go for exile.

To digress a bit, I honestly admire Mugabe in my younger days as student, with a few other friends, we thronged to LSE, Conference Hall, in London to listen to talk by anyone like him, including Mahathir's bashing mat salleh for his look east policy.

Over the last few weeks people have been watching Datuk Abdullah Badawi very closely even the movement his lips and eyes were scrutinized. But unfortunate none of our country's experts dare enough to say (behavioral experts) if Abdullah Badawi's body language indicates anything- If he is about to giving up his Priministership or if he is as stubborn as ever.

I say now, PM Datuk Abdullah Badawi isn't quiting!

Which also means Abdullah has to go on fighting against Mahathir. At the some time Mahathir's followers are going to accelerate their campaign, as Mohd Khir Toyo (former Menteri Besar of Selangor) puts it, Abdullah tak faham kiasan-metaphorical talk which Malays are very good at it, and Abdullah doesn't understand?

That would leave Abdullah in a very defensive mode. Directing ACA to investigate Mahathir wrong doings in past didn't seem to be working, no hard evidence, said Ghani Patail, Mahathir chosen man for the country's AG during his tenure of office to disguise Anwar Ibrahim, former DPM-bringing sleeping mattress to the court of justice, in the middle of the day under the hot sun for any sign of sodomy had taken place.

Perhaps as one international onlooker said, Abdullah should initiate an international investigation into Mahathir, and say let justice takes its course. I think may be like what the Lebanon's Government did on the killing of their former President.

The Government will not apologise to Tun Salleh Abbas, according the PM, I have the feeling this decision is not going to make life easier for them.

A call by Raja Muda of Perak Dr Nazrin Shah on judicial reform perhaps a kick start i.e, by recognising country's judical core mistake in the past- the sacking of Former Lord President,Tun Salleh Abbas, should serve to remind judges and lawyers to stick to what they knew about just and fair in law-not about getting job promotion and excessive materials gained-tokens given for being yes man

Kadayan Monitor for ASJournal

PM: Well done Chief Minister...

What more can we say, PM has met Sabah BN leaders yesterday.

But I 'm curious why did they conduct the meetings in dubious fashion. They talked to PM separately- one political party after another, a closed door like, as if Sabah leaders can't sit down together and can't see eye to eye. My God, where are we heading from here?

Anyway, I have briefly scanned some of the statements made by the PM in our local papers (...)

But just to digress a bit; many people have said, they were not sure if that meetings meant anything let alone comforting to them.

But Sabah leaders may have different interpretations.

To general public, all those issues aren't new nor are the answers crystal clear.

Let me pick some key phrases to remind ourselves.

Not in chronological order of priority, wonder if that's what the local papers also meant.

JPPS -The State Federal development department must be closed. Did PM say that?

Sabahans want it to be closed, it's just duplication of works- waste of public money to mend the department. Sabah is now under the rule of BN government, there isn't a need any more.

Money from Federal now should go direct to Sabah Ministry of Finance.

PM said , we review lah!

Illegal immigrants ever red hot issue, how to resolve it?

PM sees it this way, we need more detention centers the current centers are overcrowded

He has directed new Minister of Home Affairs to look into this.

It means he really know it-done in advance!

But don't they already have a committee?

Ya, one, called Special Cabinet committee headed by Deputy PM.

DPM has made recommendation. But no one sees?

Sabah BN leaders want the number of Borneo officers be increased in Federal Departments and Federal Government Agencies.

Yes, PM thinks they want.

Sabah leaders want to revive Minister Sabah Affairs as was during USNO time. PM replied that he would look into it. It means no need lah!

SAPP raised the issues on illegal immigrants, abuse of mykad, Street Children , Sabah Development Corridor, and proposed bridge Sabah Labuan.

Only SAPP said it not PM

What are missing? Many have thought to be in the discussion like, the number of Ministers that would be given, increase petroleum royalty (no let opposition do it)

The meeting as cordial although there were some pedas from Sabah UMNO'. It must be from Bung Moktar

Absent in the meeting with Sabah UMNO were Datuk Shafie and Datuk Ghapur, wonder where did they go? May be they were in Australia checking their kids.

To sum up the meeting, don't you PM resign, we sokong, hidup BN, or UMNO first in the order.

Kadayan Monitor for ASJournal

				BN still in denial, Sabah to “Prison Break”
				Gmail group

National Front still in denial, Sabah to "Prison Break"

MCA and MIC is still adopting denial syndrome while Gerakan was rumored to be considering bitter medicine to ensure their relevance, probably pull out from the National Front. UMNO is falling apart and the only thing that Badawi can do now it to delay the dying process but it depends very much on how he could convince the Eastern Malaysia (particularly Sabah) from crossing over to Anwar's side. Nevertheless I think Badawi needs to do more than sweet-talk or to just give another one or two minister-ship to Sabahan.
The reality is Sabahan has been taken for a fool for many years with its vast resources in timber, palm-oil, crude oil and gas etc being sucked up without a fair re-distribution back to the Sabahan. What better time to show the card now and yell in front of the Prime Minister's face to fly kite? It's like television series "Prison Break" with Anwar as Michael Scofield who is providing the venue for Sabah to break free from their imprisonment (by UMNO). There's reason why Anwar is so relax and calm now – maybe he already got more than 30 defectors and it's only a matter of time before the "big day".

Pak Lah, give us what's due

When Pak Lah comes a calling on Monday, many want to know what extra goodies he will present to Sabah for giving him the 24 Parliamentary seats in the just concluded elections.

He has not been grateful to us, like our seats have meant nothing.

Our sources are saying that the Speaker post might go to Tan Sri Pandikar Amin. Now, if this is true, well and good. Pandikar is capable and experienced, with a boisterous Parliament expected, and with the likes of Lim Kit Siang, Karpal Singh, Hadi Awang and many other great debaters in the house, Parliament needs someone of Pandikar's calibre to bring some kind of order.

Should we be satisfied with this? Remember, Pak Lah comes here with his sight firmly focused on the UMNO December elections assuming he will still be around when Parliament convenes.

Giving out goodies is part of the game.

Does Musa Aman have a firm control of Sabah UMNO?

The recent visit to Putrajaya by six Sabah UMNO leaders has started tongues wagging of Musa's control. These six UMNO leaders are known not to see eye-- to eye with him. Rahim Ismail has been dropped from the state cabinet, thus denying the influential Brunei community representation in the state political affairs.

Stories also abound that Lajim Ukin is also upset with Musa, he is said to be flirting with Ku Li's camp, and so is Rizalman Abdullah.

If Musa cannot deliver all the 25 divisions to Pak Lah come December, who can?

December is still a long way, anything can happen meanwhile.

Come Monday, we expect the usual cries of "Hidup this!" and "Hidup that!". Like the recent visit to Sarawak, at the end of the day, everybody will declare they are with the Prime Minister.

Edii diih si awang ani....as we say here, can't our politicians show a bit of spunk for a change? Just tell him what the grassroots here want you to say.

Pak Lah might not like it, but, aren't you people supposed to be the people's representatives?

We want the aliens to be sent home, we want equal economic opportunities; we want the Borneonisation of the civil service, more oil royalty etc. The list is long, say it loud and clear, we have never been in a stronger position to demand.

Stop the polishing apples act for once; stop thinking about your positions, your projects, and all the selfish things. Shoot with all your guns blazing.

Do what's good for the people and future generations.

If you don't speak your minds and demand, don't expect us to be kind to you next time around.

Awang Buntak for ASJournal

Chaotic time for politicians

Kadayan Monitor

What a chaotic time for politicians in the Peninsula, no matter how the mainstream media including the TVs want to play it down, the internet media is giving shoot after shoot.

This can’t be dismissed outright for reason only news mongering, after all, it has proven to certain degree of truth.

For example, it is true that Tun Dr Mahathir wants Datuk Abdullah Badawi to resign. The former is also not in favour of Datuk Najib Tun Abd Rajak to become the next Prime Minister either.

Reading between the lines he, Tun Mahathir doesn’t mind Tengku Razaligh or Datuk Muhiddin Yassin.

Whilst others argued, or even accused that Tun Mahathir is senile, if not snide, when it was him who appointed Abdullah Badawi to be his successor, now Tun Mahathir is sounding like a hyena. It doesn’t sound right for a country which has been very conscious of its Asian's culture, perceived on high moral and religious conscientiousness.

Must there be other views? Ahaa!... if you don’t care, then this kind of news item shouldn’t bother anyone anymore but proceed, because life must go on.

Another truth, even UMNO members want the Prime Minster to resign and as indicated by hanging banners. I saw these were done not by opposition party members but by UMNO members. I also saw a spray painted graffiti “Pak Lah you resign” on the wall, PM's home ground, visible by the road side in Penang on the way to Bayan Lepas.

Now let say what happen across the South China Sea, Borneo Malaysia, I said earlier it has been quiet, as if Taib Mahmud and Musa Aman are karaokeeing in comfortable zones. Are the two in full control of the ships? Won’t there be any one wants to disturb the hornet’s nest?

Are you sure, thereby live the two darlings, happily ever after and good night after watching Manhester United's match in a flat screen, or do they?

Only today MP from Kinabatangan, Bung Moktar Radin slammed Yahya Hussin, the Sabah UMNO Liasion Secretary and said, “Who is Yahya anyway? And why is he worried”

This was Bung Moktar response to a reporter who asked him about their meeting with the Prime Minister Abdullah Badawi on the 29^th March at PM office in Putrajaya.

Six of Sabah politicians including former CM Datuk Salleh Tun Said Keruak, MP Ghapur Salleh, State Assemblyman- Datuk Rahim Ismail, Tan Sri Pendikar Amin and former Deputy Speaker of Parliament Datuk Dr Yussof Yacob,and MP Bung Moktar visited PM.

They said they were invited by the PM.

The issue out of the visit was if they, the six of Sabah UMNO heavy weight were representing UMNO Sabah?

Yahya Hussin said no, they are not.

The six of them also said, no they are not, they did it as personal capacity.

It doesn’t sound complicated, does it?

My view is, if you people want to make something happen you must keep doing it.

Below is what some UMNO leaders were saying in Peninsula with regard to Sabah quote:

If BN does not act, they stand to lose not just the support of urbanites who are unhappy with the way the NEP is being administered, but also supporters in its stronghold, East Malaysia.

Said Mr Tawfik: "The people in Sabah and Sarawak have not been brought into the mainstream as far as economic development is concerned. There seems to be a lot of displaced people in the tribes of Sarawak.

"BN must take a close look at these people or they might vote for the opposition the next time."

Democracy in the making

Kadayan Monitor

No matter what now, one thing is for sure, Malaysia political landscape is about to change.

Thank you Pa Lah, whether all what has happened and what is happening now was or is by designed or coincidental.

If it is coincidental, Pa Lah has no say. He is going to be remembered in Malaysian history book as a lame duck Prime Minister ever.

Now look at the brighter side of the Malaysia, everyone must know regardless what political party one is inclined to or indoctrinated by, majority of Malaysians wouldn’t be affected materially by who ever in power. Whilst some of us (group) may feel like a balloon has busted, the hot air is released.

Again if this happening is as result of Pa Lah inability to manage the country, we are in a situation which many would call it a blessing and disguise.

The paradox of lessing is because it turns out to be for a good thing, while a disguise was left only as impression.

Assuming Mahathir is still in control of the government will we be as we are now, or are we not browbeaten to death again by a macho pedigree of that sort?

Let make use of this opportunity to make Malaysia as democratic country that we have been dreaming of for the last 50 years.

see also http://www.malaysia-today.net/2008/content/view/5330/1/